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A Matter of Trust | 98 comments (98 topical) | Post A Comment
Re: Yes and no[ Parent | Reply to This ] (none / 0) (#6)
by Ed Foster on Fri Aug 04, 2006 at 05:34:10 PM PDT

I think you're missing the point of my little analogy. Whether I have the right to print 5,000 or 10,000 copies of the book isn't a matter for copyright law -- it's a contract dispute. That's what the Wall Data case really was as well, but Wall Data would probably have lost a breach of contract suit, for reasons I'll be explaining. -- Ed

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Contract vs. Copyright Law[ Parent | Reply to This ] (none / 0) (#14)
by Lazlo Nibble on Mon Aug 07, 2006 at 07:04:51 PM PDT

Whether I have the right to print 5,000 or 10,000 copies of the book isn't a matter for copyright law -- it's a contract dispute.

Absent the contractual agreement with the copyright holder, you have no right to make any copies of the work. If you violate the contract, copyright law applies. The two aren't separable.



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Wrong[ Parent | Reply to This ] (none / 0) (#15)
by Anonymous User on Tue Aug 08, 2006 at 04:40:39 AM PDT

Fair use says he can make as many copies as he wants, he just can't distribute them.

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Fair use says no such thing[ Parent | Reply to This ] (none / 0) (#18)
by Lazlo Nibble on Mon Aug 14, 2006 at 06:04:33 PM PDT

Good luck with that line of argument in a court of law. It's vulnerable on at least three of the four factors used to determine if the use is fair: purpose of the use, how much of the work is being used and the potential effect on market value of the work.

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"Right" Misuse[ Parent | Reply to This ] (none / 0) (#19)
by srynas on Tue Aug 15, 2006 at 05:59:55 AM PDT

Our terminology is getting a bit sloppy. The phrase "you have no right to make any copies of the work." is technically incorrect. Copyright law allows the holder of the copyrighted material, under fair use, to make copies without the permission of the copyright holder. It is an allowable use not a right. Additionally please see Section 106 for a listing of exclusive rights that the copyright owner is entitled too. Based on Section 106, the holder of the copyrighted material would be free (allowed) to use the copyrighted material in any manner or use not prohibited by Section 106.

Please see Copyright Law of the United States of America for a review of what the copyright law allows and prohibits. Below is a partial excerpt from Section 107.

§ 107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --



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A Matter of Trust | 98 comments (98 topical) | Post A Comment
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